Nationality Act Päivitetty Huhtikuu 2008

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 19

NB: Unofficial translation,

legally binding only in Finnish and Swedish


Ministry of the Interior, Finland

Nationality Act
(359/2003; amendments up to 974/2007 included)

Chapter 1
General provisions
Section 1
Scope of application and purpose
(1)
(2)

This Act lays down provisions on the requirements for acquiring, retaining or losing Finnish
citizenship and on the procedure for processing such matters.
The purpose of this Act is to regulate the acquisition and loss of Finnish citizenship taking account of
the interests of both individuals and the State, to prevent and reduce statelessness and to observe and
promote the principles of good governance and legal protection when processing and making
decisions on matters of citizenship.
Section 2
Definitions

(1)

For the purposes of this Act:


1)
citizenship means a legislative bond between an individual and the State defining the
individuals status in the State as well as the basic rights and duties existing between the
individual and the State;
2)
alien means a person who is not a Finnish citizen;
3)
involuntarily stateless means a person who has no citizenship in any State and who has
remained stateless against his or her own or his or her parents or guardians will;
4)
voluntarily stateless means a person who has no citizenship in any State and who has remained
stateless by his or her own or his or her parents or guardians will;
5)
person with unknown citizenship means a person for whom there is no information on
citizenship or statelessness;
6)
citizenship status means present or former citizenship, statelessness or citizenship being
unknown;
7)
child means an unmarried person who is under 18 years of age;
8)
spouse means the husband or wife of the party or a person cohabiting with the party in a
relationship resembling marriage; provisions on a spouse also apply to a person living with the
party in a relationship in accordance with the Registered Partnership Act (950/2001);
9)
applicant means a person who has made an application or declaration in order to acquire or be
released from Finnish citizenship or on behalf of whom his or her parent, guardian or
representative has made an application or declaration in order to acquire or be released from
Finnish citizenship; and

10)

co-applicant means a child in the custody of the applicant for whom the applicant wishes to
acquire Finnish citizenship on the same application or declaration as for himself or herself, or
whom the applicant, on his or her application, wishes to be released from Finnish citizenship.

Section 3 (974/2007)
Duties of the Finnish Immigration Service
(1)
(2)

The Finnish Immigration Service decides on the acquisition, retention and loss of Finnish
citizenship and on the definition of citizenship status under this Act.
Standard forms needed for application or declaration under this Act are approved by the
Finnish Immigration Service.
Section 4
Preventing statelessness

(1)

The provisions of this Act on the loss of and release from citizenship must not be applied if, as
a consequence of the application of these provisions, a person were to become stateless.
Section 5
Interviewing a child and a parent or guardian

(1)

(2)

(3)

A child who has reached the age of 12 years shall be interviewed in respect of any application
or declaration concerning him or her. Any parent or guardian other than the one who has made
the application or declaration shall also be interviewed in respect of the application or
declaration, except in cases where his or her residence is unknown and cannot be ascertained.
A child who has reached the age of 15 years cannot acquire Finnish citizenship on application
or declaration nor can he or she be released from it if he or she has stated his or her objection
to being granted or released from citizenship. Similarly, a child cannot acquire Finnish
citizenship on application or declaration nor can he or she be released from it if a parent or
guardian other than the one who has made the application or declaration has stated his or her
objection to the child being granted or released from citizenship.
The application or declaration can be approved in spite of objections by the child or a parent
or guardian other than the one who has made the application or declaration if this is deemed to
be the best interest of the child. In order to establish the best interest of the child, the organ
referred to in section 6 of the Social Welfare Act (710/1982) will be asked to express its
opinion on the matter, unless it is manifestly unnecessary to ask for an opinion.
Section 6
Established identity

(1)
(2)

A requirement for the acquisition of Finnish citizenship is that the persons identity has been
reliably established.
A persons identity can be established by means of documents or by providing other
information which is considered reliable on the persons name, date of birth, family relations
and other personal data necessary to decide the matter. When establishing a persons identity,
any information provided earlier by the person on his or her own and his or her childs identity
may be taken into account.

(3)

If an alien has used an identity registered in the population information system for at least ten
years, even though he or she had earlier used more than one identities, his or her identity is
considered to be established in accordance with subsection 1.
Section 7
Permanent residence and domicile

(1)

When assessing an aliens residence in Finland, permanent residence and domicile mean in
this Act a persons actual and principal residence where his or her residence is of a permanent
nature.
Section 8
Being born in Finland

(1)

In this Act, being born on a Finnish ship or aircraft in the territory of a foreign State or in
international territory is equivalent to being born in Finland.
Chapter 2
Finnish citizenship by birth
Section 9
Children

(1)

(2)

A child acquires Finnish citizenship by birth if:


1)
the mother is a Finnish citizen;
2)
the father is a Finnish citizen; and
a)
is married to the childs mother; or
b)
the child is born in Finland and the mans paternity of the child is established;
the father is dead, but was a Finnish citizen at the time of his death; and
a)
was married to the childs mother; or
b)
the child is born in Finland and the mans paternity of the child is established; or
3)
the child is born in Finland and does not acquire the citizenship of any foreign State at
birth, and does not even have a secondary right to acquire the citizenship of any other
foreign State.
A child who is born in Finland acquires Finnish citizenship through the place of birth if his or
her parents have refugee status in Finland or if they have otherwise been provided protection
against the authorities of their State of nationality. An additional requirement is that the child
does not acquire either parents citizenship except through registration of the childs birth with
the authority of the parents State of nationality, or through another procedure requiring the
assistance of the authorities of this State. If the protection referred to above was given to only
one of the parents, it is also required that the child does not acquire the other parents
citizenship by birth nor has even a secondary right through birth to acquire it.
Section 10
Adopted children

(1)

An adopted alien child under 12 years of age at least one of whose adoptive parents is a
Finnish citizen acquires Finnish citizenship through adoption as of the date the adoption is
valid in Finland.

Section 11
Parents marriage
(1)

(2)

A child who does not acquire Finnish citizenship under section 9 or who has not acquired
Finnish citizenship upon declaration acquires Finnish citizenship through the marriage of his
or her parents as of the date when the marriage was contracted, if the man was a Finnish
citizen at the childs birth and has been ever since, and the mans paternity of the child was
established before the marriage was contracted.
If, however, paternity is established after the marriage was contracted and the father is still a
Finnish citizen, the child acquires Finnish citizenship only as of the date when the paternity
was established. If the father has died after the marriage was contracted, the child acquires
Finnish citizenship as of the date when the paternity was established if the father was a Finnish
citizen at the time of his death.
Section 12
Foundlings and children of parents with unknown citizenship

(1)

(2)

A foundling who is found in Finland is considered to be a Finnish citizen as long as he or she


has not been established as a citizen of a foreign State. If the child has been established as a
citizen of a foreign State only after he or she has reached the age of five, the child retains
Finnish citizenship, however.
A child who was born in Finland to parents with unknown citizenship is considered a Finnish
citizen as long as he or she has not been established as a citizen of a foreign State. The same
applies to a child who was born out of wedlock to a mother with unknown citizenship. If the
child has been established as a citizen of a foreign State only after he or she has reached the
age of five, the child retains Finnish citizenship, however.
Chapter 3
Finnish citizenship on application
Section 13
General requirements for naturalisation

(1)

An alien is granted Finnish citizenship on application if, when the decision is made on the
application:
1)
he or she has reached the age of 18 years or has married before that;
2)
he or she is and has been permanently resident and domiciled in Finland (period of
residence);
a)
for the last six years without interruption (continuous period of residence); or
b)
for eight years after reaching the age of 15 years, with the last two years without
interruption (accumulated period of residence);
3)
he or she has not committed any punishable act nor has a restraining order been issued
against him or her (integrity requirement);
4)
he or she has not materially failed to provide maintenance or to meet his or her
pecuniary obligations under public law;
5)
he or she can provide a reliable account of his or her livelihood; and
6)
he or she has satisfactory oral and written skills in the Finnish or Swedish language, or
instead of oral skills similar skills in the Finnish sign language (language skills
requirement).

(2)
(3)

Exceptions to the general requirements for naturalisation may be made only as laid down
below.
No one may be naturalised, even if he or she would meet the requirements for naturalisation, if
there are well-founded reasons for suspecting that the naturalisation will jeopardise the
security of the State or public order, or if the main purpose of acquiring citizenship is to take
advantage of the benefit related to Finnish citizenship without aiming to settle in Finland, or if
naturalisation conflicts with the best interests of the State for some other reason on the basis of
an overall consideration of the applicants situation.
Section 14
Period of residence

(1)

Even a period of residence without a permit or part of it may be approved as part of the period
of residence owing to the applicants age or health or for some other similar reason if it may
be considered reasonable from the applicants point of view.
Section 15
Start of the period of residence

(1)

(2)

The period of residence starts:


1)
on the date the applicant moves or returns to Finland if he or she has been or was before
that granted a permit or right to move to Finland on a permanent basis;
2)
on the date the first residence permit is granted if the applicant, when entering Finland,
does not have a permit which gives him or her the right to move into the country;
3)
on the date an alien made an application for asylum or residence permit if he or she, on
the basis of the application that has been lodged, was given asylum here or granted a
residence permit on the basis of the need for protection; or
4)
for a Nordic citizen, on the date he or she moves to Finland or registers his or her notice
of removal, depending on which of these was done later.
If the applicants identity has not been established, the approved period of residence starts only
after he or she has given an account of his or her identity. The period the applicant has stayed
in Finland before that, or part of it, may be approved as part of the period of residence if the
applicant has shown initiative in establishing his or her identity, and similarly the period the
applicant has stayed in the country as a minor, or part of it, if the fact that identity has not been
established depends on the parent or guardian or is due to some other reason not depending on
the applicant.
Section 16
Interruptions in the continuous period of residence

(1)

(2)

Periods of absence other than short ones interrupt the continuous period of residence. The
continuous period of residence is also interrupted if the periods of absence occur so regularly
and are so many that the applicant may be considered to have stayed or stay mostly outside
Finland. The continuous period of residence may, however, be considered uninterrupted if the
absence is due to a well-founded personal reason.
Short periods of absence may be included in the continuous period of residence. Such short
periods are:
1)
periods of absence not exceeding a month;
2)
a maximum of six periods of absence exceeding one but not exceeding two months;
3)
one period of absence exceeding two but not exceeding six months; and
4)
one period of absence not exceeding six months.

(3)

Temporary periods of absence exceeding six months but not exceeding a year are not included
in the continuous period of residence nor do they interrupt it.
Section 17
Evidence of language skills

(1)

Proficiency at level three of the general language examination or in the National Language
Examination with satisfactory oral and written skills or completion of basic education with
Finnish or Swedish as a native tongue meet the language skills requirement. Language skills
can also be shown through other school education or in another way if a person entitled to
award national language examination certificates has considered that the language skills level
meets the language skills requirement.
Section 18
Exceptions to the period of residence and the language skills requirement

(1)

(2)

An alien may be granted Finnish citizenship notwithstanding sections 13(1)(2) and 13(1)(6) if:
1)
he or she has strong ties with Finland on the basis of his or her long period of lawful
residence in Finland or for some other similar reason; and
2)
he or she is and has been permanently resident and domiciled in Finland for the past two
years without interruption and if:
a)
it is unreasonably difficult to be engaged in permanent full-time work in Finland
without Finnish citizenship;
b)
there are extremely weighty reasons for naturalisation with regard to the
circumstances of an applicant who is 65 years old or older;
c)
the applicant has, through no fault of his or her own, been considered a Finnish
citizen for a minimum of 10 years as a result of such a mistake made by a Finnish
public authority which has led to a serious consequence related to the rights and
obligations of a Finnish citizen; or
d)
there are otherwise special and weighty reasons equivalent to those mentioned in
subparagraphs (a)-(c).
An alien may be granted Finnish citizenship notwithstanding section 13(1)(6), if he or she
cannot meet the language skills requirement because of his or her state of health, sensory
handicap or a speech defect.
Section 19
Exceptions to the integrity requirement

(1)

(2)

An alien may be granted Finnish citizenship notwithstanding section 13(1)(3) if it is


considered on the basis of an overall consideration of the applicants situation that there are
well-founded reasons for an exception to the integrity requirement taking account, in
particular, of the time that has passed since the crime was or crimes were committed, the
severity of the punishment and the nature of the act. Account will also be taken of whether the
applicant has repeatedly committed punishable acts. Even a sentence passed abroad may be
taken into account in the assessment, provided, however, that the punishment imposed abroad
is not incompatible with the Finnish penal system.
On the basis of the assessment it will be possible to impose a waiting period during which the
applicant is not naturalised unless there is a well-founded reason for doing that. The waiting
period may be from one to a maximum of seven years from the date of serving an
unconditional sentence of imprisonment. With regard to suspended sentences, community
service, juvenile punishment and fines, the waiting period may be from one to a maximum of

three years from the date the crime was committed. The same applies to offences where the
court has waived the sentence. The Ministry of the Interior may give further instructions on
the definition of the waiting period.
Section 20
Exceptions pertaining to refugees and involuntarily stateless persons
(1)

(2)

An alien may be granted Finnish citizenship notwithstanding section 13(1)(2) if:


1)
he or she has refugee status in Finland, or a residence permit based on the need for
protection or he or she is involuntarily stateless; and
2)
he or she is and has been permanently resident and domiciled in Finland:
a)
for the last four years without interruption; or
b)
for a total of six years since reaching the age of 15 years with the last two years
without interruption.
A citizenship application made by a person referred to in subsection 1 above is processed
expeditiously.
Section 21
Exceptions pertaining to former Finnish citizens and Nordic citizens

(1)

A former Finnish citizen and an Icelandic, Norwegian, Swedish or Danish citizen may be
granted Finnish citizenship notwithstanding section 13(1)(2) if he or she is and has been
permanently resident and domiciled in Finland for the last two years without interruption.
Section 22
Exceptions pertaining to the spouse of a Finnish citizen

(1)

The spouse of a Finnish citizen may be granted Finnish citizenship notwithstanding section
13(1)(2) if:
1)
the spouses live and have lived together for a minimum of three years; and
2)
the applicant is and has been permanently resident and domiciled in Finland;
a)
for the last four years without interruption; or
b)
for a total of six years since reaching the age of 15 years, with the last two years
without interruption.
Section 23
Exceptions pertaining to co-applicants

(1)

(2)

A co-applicant under 15 years of age may be granted Finnish citizenship notwithstanding


sections 13(1)(2) and 13(1)(6) if, when the decision is made on the application, he or she is
permanently resident and domiciled in Finland.
A co-applicant who has reached the age of 15 years may be granted Finnish citizenship
notwithstanding section 13(1)(2) if, when the decision is made on the application, he or she is
and has been permanently resident and domiciled in Finland for the last four years without
interruption or a total of six years since reaching the age of seven years, with the last two years
without interruption.
Section 24
Naturalising a child

(1)

(2)

(3)

(4)

A child may be granted Finnish citizenship on an application made by his or her parent or
guardian if the person who has made the application is a Finnish citizen and the child lives
with this person.
The child referred to in subsection 1 above may be granted Finnish citizenship
notwithstanding sections 13(1)(2) and 13(1)(6) if the child is under 15 years of age and
permanently resident and domiciled in Finland, when the decision is made on the application.
If the child has reached the age of 15 years, when the decision is made on the application, he
or she may be granted Finnish citizenship notwithstanding section 13(1)(2), provided that the
child is and has been permanently resident and domiciled in Finland for the last four years
without interruption or for a total of six years since reaching the age of seven years, with the
last two years without interruption.
If the child referred to in subsection 3 is a former Finnish citizen or a Nordic citizen, a twoyear period of residence is required for the application to be approved, however.
Section 25
How coming of age affects a pending application

(1)
(2)

(3)

If a co-applicant reaches the age of 18 years or marries before a decision has been made on the
application, he or she must complete the application so that it applies to him or her.
If a child reaches the age of 18 years or marries before a decision has been made on an
application that his or her parent or guardian has made on behalf of him or her, the child must
confirm the application with his or her own signature. If the application is not confirmed, it
will be rejected.
For persons referred to in subsections 1 and 2, the Finnish Immigration Service will set a
reasonable term during which they must complete or confirm their applications. Requirements
under sections 23(2) and 24(3) apply to applicants who have completed or confirmed their
citizenship applications if the requirements have been met before the applicant has come of
age. (974/2007)
Chapter 4
Finnish citizenship by declaration
Section 26
An alien whose father is a Finnish citizen

(1)

An alien who does not acquire Finnish citizenship under section 9, may acquire Finnish
citizenship by declaration if his or her father was a Finnish citizen when he or she was born,
and he or she was born:
1)
in Finland and paternity was established only after he or she had reached the age of 18
years or married before that; or
2)
outside Finland and paternity has been established.
Section 27
An adopted child who has reached the age of twelve years

(1)

If an alien child has reached the age of 12 years before adoption, he or she may acquire
Finnish citizenship by declaration if at least one of the adoptive parents is a Finnish citizen and
the adoption is valid in Finland.

Section 28
Young persons
(1)

(2)

(3)

A person who has reached the age of 18 but not 23 years may acquire Finnish citizenship by
declaration if he or she is and has been permanently resident and domiciled in Finland for a
minimum of 10 years in all, with a minimum of two years without interruption before making
the declaration, and if he or she has not been sentenced to imprisonment.
If an applicant referred to in subsection 1 was born in Finland, the requirement for the
declaration to be approved is a six-year period of residence, however. If an applicant referred
to in subsection 1 has been permanently resident and domiciled in Iceland, Norway, Sweden
or Denmark before making the declaration, this residence is equivalent to residence in Finland,
but only for the five years before the declaration was made and only to the extent that the
period of residence occurred before the age of 16 years.
Finnish citizenship cannot be acquired under subsection 1 by a person who has lost Finnish
citizenship on the grounds that he or she has provided false information nor by a citizen or
former citizen of a hostile State after a state of defence has been declared.
Section 29
Former Finnish citizens

(1)

(2)

(3)

A former Finnish citizen may acquire Finnish citizenship by declaration if he or she is and has
been permanently resident and domiciled in Finland for a minimum of 10 years in all, with a
minimum of two years without interruption before making the declaration and he or she has
reached the age of 18 years.
A former Finnish citizen may acquire Finnish citizenship by declaration if he or she has lost
his or her citizenship on the basis of an insufficient connection with Finland. In addition it is
required that the applicant has not received information on the procedure for retaining
citizenship.
A person who has lost Finnish citizenship on the grounds that he or she has provided false
information cannot acquire Finnish citizenship under subsection 1.
Section 30
Nordic citizens

(1)

(2)

An Icelandic, Norwegian, Swedish or Danish citizen who has reached the age of 18 years may
acquire Finnish citizenship by declaration if he or she has acquired Icelandic, Norwegian,
Swedish or Danish citizenship through a procedure other than naturalisation, if he or she is and
has been permanently resident and domiciled in Finland for the last six years, and if he or she
has not been sentenced to a penalty involving deprivation of liberty during this period.
A person who has lost Finnish citizenship and has thereafter been an Icelandic, Norwegian,
Swedish or Danish citizen without interruption may acquire Finnish citizenship by declaration
if he or she is permanently resident and domiciled in Finland.
Section 31
Date for the acquisition of citizenship

(1)

Citizenship on the basis of a declaration is considered acquired on the date the declaration
process commenced with the competent authority if the requirements for acquiring citizenship
were met on the date the process commenced. Otherwise, citizenship is considered acquired on
the date the requirements laid down for the acquisition of citizenship are met.

Chapter 5
Losing and retaining Finnish citizenship
Section 32
Effects of annulment of paternity
(1)

If the husbands paternity has been annulled or if a claim which has resulted in his paternity
being annulled has been brought before the child has reached the age of five years, or if an
established paternity has been annulled or a claim which has resulted in the annulment of
paternity has been brought within five years of establishing paternity, a decision may be made
to the effect that the child loses the Finnish citizenship which he or she has acquired on the
basis of his or her fathers citizenship. A decision on this is based on an overall consideration
of the childs situation. In the assessment, particular account shall be taken of the childs age
and ties with Finland.
Section 33
Loss of citizenship on the basis of false information

(1)

(2)

(3)

(4)

If a person has provided such false or misleading information on his or her person or other
false or misleading information the knowledge of which would have resulted in refusing
Finnish citizenship, or withheld such a relevant circumstance which would have had the same
effect, a decision may be made to the effect that the person loses the Finnish citizenship which
he or she has acquired on application or by declaration.
If a child has acquired Finnish citizenship together with a person referred to in subsection 1, or
if the citizenship of a person referred to in subsection 1 has been a requirement for the child to
acquire Finnish citizenship, a decision on loss of citizenship may also be made with regard to
the child. A child cannot lose Finnish citizenship if the childs parent is a Finnish citizen,
however.
A decision referred to in subsections 1 and 2 above is based on an overall consideration of the
persons situation. In the assessment, account is also taken of the culpability of the act and the
circumstances in which it is committed, and of the ties with Finland of the person who has
made the application or declaration. With regard to a child, account shall also be taken of the
childs age and ties with Finland.
A decision on the loss of citizenship cannot be made in cases under subsections 1 and 2 if
more than five years have passed since a decision was made on the application or declaration
for the acquisition of Finnish citizenship. If, however, proceedings concerning a loss of
citizenship have commenced before five years have passed since a decision on citizenship was
made, a decision may be made even after this. If the decision on a citizenship application has
been given on the condition that the applicant is released from his or her current citizenship
before acquiring Finnish citizenship, the decision is not deemed to be made until it has been
declared that the requirement is met or a new decision without a condition has been given.
Section 34
Retaining citizenship at the age of 22

(1)
(2)

A Finnish citizen who also holds the citizenship of a foreign State retains Finnish citizenship
at the age of 22 years only if he or she has a sufficient connection with Finland.
A sufficient connection is deemed to exist, if:

1)

2)

3)

the person was born in Finland and his or her municipality of residence referred to in
the Municipality of Residence Act (201/1994) is in Finland when he or she reaches the
age of 22 years;
the persons municipality of residence has been in Finland or he or she has been
permanently resident and domiciled in Iceland, Norway, Sweden or Denmark for a
minimum of seven years in all before he or she has reached the age of 22 years; or
the person has, after reaching the age of 18 but before reaching the age of 22 years:
a)
given notice in writing to a Finnish diplomatic mission or a consulate headed by a
career consul or the Register Office of his or her wish to retain Finnish
citizenship;
b)
been issued with a Finnish passport; or
c)
completed military or civil service in Finland.
Section 35
Release from Finnish citizenship

(1)

(2)

A Finnish citizen who also holds the citizenship of a foreign State or who wishes to become a
citizen of a foreign State may be released from Finnish citizenship on application. The
application shall state the reason why the applicant wishes to be released from Finnish
citizenship. The application will not be approved if the applicants municipality of residence is
in Finland and if the aim of the release is to escape an obligation related to Finnish citizenship.
If the applicant is not yet a citizen of a foreign State when the decision is made on the
application, he or she may be released from Finnish citizenship only by a decision whose entry
into force requires that the applicant produces a report on the acquisition of citizenship of a
foreign State within the time limit mentioned in the decision. After the report on the
acquisition of citizenship of a foreign State has been produced, a certificate will be issued of
the requirement being met.
Chapter 6
Definition of citizenship status and notification by public authorities
Section 36
Definition of citizenship status

(1)

(2)

The Finnish Immigration Service will define citizenship status at the request of a public
authority or the party, if the matter is of importance with regard to the existence of Finnish
citizenship or some right or obligation related to it, the correctness of any entry in the public
authorities personal registers, the aliens residence in Finland or some other reason equivalent
to these. (974/2007)
Efforts shall be made to define citizenship status of a person with unknown citizenship if his
or her municipality of residence is in Finland. Citizenship status will not be defined if the
persons identity has not been established in other respects, however.
Section 37
Information on how to retain citizenship

(1)

Information will be collected from the population information system every year on people
who are registered as Finnish citizens reaching the age of 18 years that year and whose address
is entered in the population information system so that they can be reached. Information will

(2)

not, however, be collected on people whose municipality of residence has been in Finland for
a minimum of seven years in all.
People on whom information is collected from the population information system will be
given instructions on how to retain citizenship when reaching the age of 22 years. The Finnish
Immigration Service is responsible for giving instructions. The instructions are given the year
the person reaches the age of 18 years. (974/2007)
Section 38
Tasks of the Register Office related to the definition of citizenship

(1)

(2)

Where a person retains Finnish citizenship at the age of 22 years on the basis of a sufficient
connection, the Register Office will make an entry to that effect in the population information
system and notify the party of the entry.
Information will be regularly collected from the population information system on people who
have reached the age of 22 years and are entered in the population information system as
citizens of Finland and a foreign State. If a person has lost Finnish citizenship when reaching
the age of 22 years because he or she has not had a sufficient connection with Finland, the
Register Office will make an entry to that effect in the population information system and
notify the party of this if his or her address is available.
Section 39 (974/2007)
A partys obligation to provide information

(1)

For the definition of citizenship status, a party shall provide the Finnish Immigration Service
and, in the cases referred to in section 38, the Register Office with all information in his or her
possession related to the acquisition or loss of citizenship, and contribute to producing the
necessary information and documents to the extent such contribution can reasonably be
demanded from him or her.
Section 40
Reciprocal obligation of the authorities to notify each other

(1)
(2)

(3)

(4)

The Finnish Immigration Service will notify the competent authorities of decisions on Finnish
citizenship to be entered in the population information system. (974/2007)
The Register Office will notify the Finnish Immigration Service of any child born in Finland if
the childs parents have been entered in the population information system as stateless or if the
parents citizenship is unknown. (974/2007)
After a Finnish diplomatic mission has received information on a persons wish to retain
Finnish citizenship or after the police or the diplomatic mission have issued a Finnish passport
to a person who has reached the age of 18 but not 22 years, the police or the diplomatic
mission will notify the population information system of the matter. A similar notification will
also be given by the Defence Staff and the Civil Service Center when a Finnish citizen who is
under 22 years of age has completed military or civilian service in Finland. An entry of the
retention of Finnish citizenship under section 34 will be made in the system before the person
reaches the age of 22 years.
Notification under subsection 3 above will not be necessary, however, if the persons
municipality of residence has been in Finland for a minimum of seven years in all.
Chapter 7
Appeal

Section 41 (974/2007)
Appeals against decisions of the Finnish Immigration Service

(1)

Decisions made by the Finnish Immigration Service under this Act can be appealed to an
Administrative Court as provided in the Administrative Judicial Procedure Act (586/1996).
Section 42 (974/2007)
Appeals against decisions of an Administrative Court

(1)

Decisions made by an Administrative Court under this Act can be appealed to the Supreme
Administrative Court. Even the Finnish Immigration Service has the right of appeal to the
extent that a decision by the Finnish Immigration Service has been reversed or changed by a
decision of an Administrative Court.
Chapter 8
Miscellaneous provisions
Section 43
Co-applicant in an application and a declaration

(1)

(2)

A co-applicant may be granted Finnish citizenship on application or by declaration only


together with the applicant. The requirements concerning the applicants under chapter 4 do not
apply to co-applicants in declarations.
A co-applicant in a declaration under section 30(2) above is required to be permanently
resident and domiciled in Finland. If it is a requirement for granting citizenship by declaration
that the applicant is and has been permanently resident and domiciled in Finland for at least
the last two years, a co-applicant who has reached the age of 15 years is required to be and
have been permanently resident and domiciled in Finland for the last two years without
interruption, and a co-applicant under 15 years is required to be permanently resident and
domiciled in Finland.
Section 44
Commencement of an application and declaration process

(1)

(2)

An application and declaration under this Act shall be personally submitted to the District
Police in whose area of jurisdiction the applicants municipality of residence lies. An
application for release from Finnish citizenship, a declaration for a child or an adopted child
under sections 26 and 27 and a declaration under section 29(2) can also be submitted to the
relevant Finnish diplomatic mission, consulate or honorary consulate. An application or
declaration on behalf of a child who is applying must be made and submitted by his or her
parent or guardian. The co-applicant and the child who is applying shall be present when the
application or declaration is submitted.
The police will check the identity of the applicant or the parent or guardian who submits an
application or declaration on behalf of a child. If the co-applicant or the child who is applying
has a travel document or an identity card of his or her own, the police will also check the
childs identity. If the declaration process is commenced outside Finland, the identity will be
checked by the diplomatic mission.

(3)

(4)
(5)

For an application and declaration process to be continued after the check referred to in
subsection 2, it is a requirement that the Finnish Immigration Services processing fee is paid.
The fee is determined under the Act on the Charge Criteria of the State (150/1992). Further
provisions on the fee are laid down by Ministry of the Interior decree. (974/2007)
The Administrative Procedure Act (598/1982) applies to the processing of matters under this
Act at the honorary consulates. (974/2007)
The Act on Electronic Services and Communication in the Public Sector (13/2003) applies to
e-transactions. If an application has been filed electronically, the identity of the applicant shall
be checked in accordance with subsection 2 before a final decision is made in the case, and the
processing fee under subsection 3 shall be paid before the processing of the application is
started. (620/2007)
Section 45
Annexes to be included in the application by the applicant

(1)

(2)

The applicant shall enclose in the citizenship application an account of his or her skills in the
Finnish or Swedish language referred to in section 17. An account of language skills will not
be required, however, if the applicant is a child under 15 years. If a co-applicant who has
reached the age of 15 years is included in the application, the applicant shall also enclose with
the application an account of the co-applicants skills in the Finnish or Swedish language. If
the child reaches the age of 15 years after the commencement of the application process, but
before a decision has been made on the application, an account of his or her language skills
shall be enclosed with the application.
If the applicant, in support of his or her application, wishes to invoke any of the exceptions
provided for in this Act, he or she shall enclose a report on which the claim is built with his or
her application.
Section 46
Providing additional information

(1)

(2)
(3)

(4)

The applicant may be obliged to enclose with his or her citizenship application a report
equivalent to an extract from the criminal records in the States in which the applicant or the
co-applicant who has reached the age of 15 years has been residing for a minimum of two
years, if such a report can reasonably be obtained. Alternatively, the applicant may give his or
her consent to obtaining such report.
The Security Police, the National Bureau of Investigation, the Defence Staff and the relevant
social welfare authorities may be asked to give an opinion on the application.
The Finnish Immigration Service, the Security Police and the National Bureau of Investigation
may call the applicant to provide information needed for the processing of the application or
declaration. These authorities shall, if possible, interview the applicant at the same time. If the
application or declaration process is commenced abroad, the relevant Finnish diplomatic
mission or a consulate headed by a career consul may at the request of the Finnish
Immigration Service call the applicant to provide information needed for processing the
matter. (974/2007)
The applicant may also be obliged to provide other additional information, if it is necessary for
establishing the grounds for approving an application or declaration.
Section 47 (974/2007)
Documents to be given to the Finnish Immigration Service

(1)

(2)

(3)

The authorities should be provided with authentic documents relating to applications,


declarations or definition of citizenship status under this Act. The Finnish Immigration Service
can also approve a certified copy of a document if the copy can be considered reliable.
A document issued by a foreign authority shall be legalised or accompanied by a certificate
issued by a competent authority of the State concerned, unless it is manifestly unfounded to
legalise the document or to attach a certificate to it. The applicant or another party shall on his
or her own initiative in the pending matter see to that the document is translated into Finnish
or Swedish. The Finnish Immigration Service may also approve other documents than
legalised ones, and documents without a certificate mentioned above, as well as documents
which have not been translated, if this is justifiable on the basis of the document concerned
and the nature of the matter.
The Finnish Immigration Service may accept an electronic document delivered in accordance
with the Act on Electronic Services and Communication in the Public Sector, if the document
can be considered reliable.
Section 48 (974/2007)
Right of access to information in registers

(1)

(2)
(3)

Notwithstanding the provisions of confidentiality, the Finnish Immigration Service is entitled


to receive, in addition to what is otherwise provided, free of charge in the manner agreed with
the competent registrar, the information necessary to establish the grounds for acquiring,
retaining, losing or being released from Finnish citizenship or for defining citizenship status,
in order to perform the functions laid down for it by law, as follows:
4)
information from the operational data system of the Border Guard;
5)
information from the register of fines; and
6)
information on the income and assets of taxpayers and other information on taxation
from the information systems of the Tax Administration.
Provisions on the right of access to information in the criminal records are laid down in the
Criminal Records Act (770/1993).
The information referred to in section 1 above can be obtained via a technical interface or in a
machine-readable form. Before being given access to the technical interface, the Finnish
Immigration Service shall provide the registrar with a statement to the effect that information
security is properly maintained.
Section 49
Notification of contact information

(1)

Anyone initiating a procedure under this Act will be obliged to provide the relevant authorities
with his or her contact information and any changes to it.
Section 50
Decisions and notification

(1)

(2)

A decision favourable to the applicant made under this Act does not have to be justified. If a
decision is only partially favourable or if a favourable decision on a child was made against
the other parents or guardians or the childs will the decision will be justified.
Notification of a decision favourable to the applicant can be given by sending the decision by
post to the address the applicant has given. The addressee is deemed to be informed of the
decision in Finland at the latest on the seventh and abroad at the latest on the thirtieth day
following the date the letter was posted, unless proven otherwise.

(3)

(4)

Decisions other than those favourable to the applicant are notified by post against a certificate
of service. The decision may also be surrendered to the recipient of the service or his or her
representative under the authority given to him or her by the applicant, his or her parent or
guardian or a party in another citizenship matter or his or her parent or guardian. A written
certificate of the notification shall in that case be drawn up indicating the process server, the
party served and the date of service. If notice cannot be served abroad the document will be
notified in Finland through a general service process as laid down in the Act on the Service of
Documents in Administrative Matters (232/1966).
In a procedure initiated by the applicant under section 44(5), notice of the decision may be
served in accordance with the Act on Electronic Services and Communication in the Public
Sector. (620/2007)
Section 51
Further provisions

(1)

Further provisions on the authorities duties in commencing and handling an application or


declaration process or a definition of citizenship status, on paying the processing fee when the
process is commenced at an honorary consulate and on organising cooperation among public
authorities to coordinate the functions in an appropriate manner and to handle communication
in matters relating to Finnish citizenship are laid down by Government decree.
Chapter 9
Transitional provisions and entry into force
Section 52
Entry into force

(1)
(2)
(3)

This Act comes into force on 1 June 2003.


This Act repeals the Nationality Act of 28 June 1968 (401/1968), as amended (the former Act).
Measures necessary for the implementation of this Act may be undertaken before the Acts
entry into force.
Section 53
General transitional provisions

(1)
(2)

(3)

This Act applies to processes commencing after the entry into force of the Act with the
exceptions laid down below.
Instead of the period of residence under section 13(1)(2), the period of residence under the
former Act applies to the applicant and co-applicant of a citizenship application where the
application process commences after the entry into force of the Act, if the applicant meets the
requirement for the period of residence in the former Act when the application process
commences, and if the application process commences within a year after the entry into force
of the Act.
The provisions of this Act on the accumulated period of residence will apply to a citizenship
application under subsection 2 above, however, if they give a result which is more favourable
to the applicant.
Section 54
Matters pending at the entry into force of the Act

(1)

(2)

(3)

(4)

As regards the requirements for acquiring and retaining citizenship, the former Act applies to a
declaration for the acquisition of and to an application for the retention of Finnish citizenship
pending at the entry into force of this Act, and the provisions of the former Act on losing and
retaining citizenship apply to a matter under sections 8 b(1) and 8 b(3) of the former Act.
The requirement for the period of residence under the former Act applies to a citizenship
application pending at the entry into force of this Act, if the applicant at the entry into force of
this Act is and has been permanently resident and domiciled in Finland at least for a period of
time in accordance with the requirement for the period of residence in the former Act and the
requirement for secured livelihood under the former Act is met. The provisions of this Act on
the accumulated period of residence will apply to the application, however, if they give a
result which is more favourable to the applicant.
The requirement for respectable life under the former Act or the provisions of section
13(1)(3)-(5) and section 19 of this Act apply to a citizenship application pending at the entry
into force of this Act depending on which provisions give a more favourable result to the
applicant.
With regard to the account of skills in the Finnish or Swedish language, sections 1(2) and 5(2)
of the Nationality Decree (699/1985) apply to a citizenship application and an application for
the retention of citizenship pending at the entry into force of this Act.
Section 55
Naturalisation decision with a condition

(1)
(2)

(3)

Section 11(1) of the former Act may be applied to a decision given under section 4(3) of the
former Act within a period of time laid down in the decision.
At the written request of an applicant mentioned in a decision under subsection 1, the Finnish
Immigration Service may decide to repeal the condition if the request was made within the
period of time laid down in the decision. If the condition also applies to a co-applicant,
repealing the condition for his or her part also requires, besides the applicants written request,
the consent of the co-applicants parents or guardians and of a co-applicant who has reached
the age of 12 years. In addition, when making a decision on the matter the provisions of this
Act on interviewing a child and a parent or guardian will be observed where appropriate. If the
co-applicant has reached the age of 18 years or married after the decision was given, he or she
shall request the condition to be repealed with regard to him or her. (974/2007)
An alien will become a Finnish citizen under subsection 1 on the date when the Finnish
Immigration Service, by its decision, states that the condition is met. If the Finnish
Immigration Service decides under subsection 2 that the condition be repealed by decision,
Finnish citizenship is deemed to be acquired on the date the decision on repealing the
condition was made. (974/2007)
Section 56
Applying the provisions on losing citizenship contained in the citizenship
legislation which was in force earlier

(1)

The provisions on losing citizenship contained in the Finnish legislation which was in force
earlier must not be applied if, as a consequence of the application of these provisions, a person
were to become stateless.
Section 57
Retaining citizenship under the former Act

(1)

Section 34 of this Act shall not apply to a person who reaches the age of 22 years after the
entry into force of the Act and who has been found to retain Finnish citizenship under section
8 b(1) or 8 b(3). In addition, section 34 of this Act shall not apply to a person who reaches the
age of 22 years after the entry into force of the Act, if a decision was given on his or her
application referred to in section 8 b(2) of the former Act to the effect that he or she retains
citizenship.
Section 58
Declaration on the basis of fathers Finnish citizenship

(1)

An alien born out of wedlock before the entry into force of this Act will acquire Finnish
citizenship by declaration if the father was a Finnish citizen at the childs birth and paternity
has been established. A declaration may also be made if the father was dead at the time of the
childs birth, but was a Finnish citizen at the time of his death and paternity has been
established. A declaration shall be made within five years of the entry into force of this Act.
Section 59
Declaration for the acquisition of citizenship made
by an adopted child under 12 years of age

(1)

An adopted child who is under 12 years of age will acquire Finnish citizenship by declaration
if the decision on adoption was made before the entry into force of this Act. It is also required
that at least one of the adoptive parents is a Finnish citizen and that the adoption is valid in
Finland. A declaration shall be made within five years of the entry into force of this Act.
Section 60
Declaration for the acquisition of citizenship to be made
within a fixed period of time

(1)

(2)

(3)

(4)

A former Finnish citizen will acquire Finnish citizenship by declaration if he or she has lost
Finnish citizenship before the entry into force of this Act under:
1)
section 1(1) of the Act on the Loss of Finnish Citizenship (181/1927);
2)
section 10 of the Act on the Acquiring and Loss of Finnish Citizenship (325/1941);
3)
section 8 of the Nationality Act (401/1968); or
4)
section 8 of the Act on Amending the Nationality Act (584/1984).
An alien who has reached the age of 18 years will acquire Finnish citizenship by declaration
if:
1)
his or her parent has acquired Finnish citizenship through a procedure other than
naturalisation; and
2)
his or her parent was a Finnish citizen at the entry into force of this Act or if his or her
parent has died before the entry into force of this Act, but was a Finnish citizen at his or
her death; or
3)
his or her parent would be entitled to acquire Finnish citizenship under subsection 1 or
if the requirements under subsection 1 for regaining Finnish citizenship were to be met
with regard to the deceased parent.
A person referred to in subsection 2 will not, however, acquire Finnish citizenship if he or she
is a former Finnish citizen who has been released from Finnish citizenship on an application
made by him or her.
The declaration referred to in subsections 1 and 2 above shall be made within five years of the
entry into force of this Act.

Section 61
Commencement of the declaration process
(1)
(2)

In addition to the provisions of section 44, a declaration made under sections 58-60 may also
be submitted to the relevant Finnish diplomatic mission, consulate or honorary consulate.
A declaration may also be sent to a diplomatic mission by post. In that case, it is a requirement
for the commencement of the declaration process that the processing fee referred to in section
44(3) has been paid. The diplomatic mission shall check the applicants identity on the basis of
the declaration sent to it by post, and if necessary by obtaining further information. If the
identity cannot be checked in any other way, the relevant Finnish diplomatic mission or the
consulate headed by a career consul may set out as a condition for a continued declaration
process that the applicant comes to the diplomatic mission in person. With regard to
declarations sent to it, a honorary consulate shall, if necessary, request some other mission to
make such a decision.
Section 62
Retaining citizenship at the age of 22

(1)

When Finnish citizenship is granted under sections 58 and 60, the applicant is deemed to have
a sufficient connection with Finland under section 34(2)on the basis of the declaration for the
acquisition of citizenship if the applicant has reached the age of 18 but not 22 years, when the
decision is made.

You might also like